Liability for Injury on Motor Home Campsite
The insured has a motor home which he drives to a rented campsite for a weekend of pleasure. A third party trips and falls over personal property on the site. Where does the liability come from, auto or homeowners?
What about if the vehicle is a camper or travel trailer that does not carry liability? The camper is hauled to the campsite by a personal auto, unhooked from the vehicle and parked. Liability is extended from the vehicle while the camper is being trailered to the site. What happens when it is unhooked and used as a temporary location for insured occupancy and recreation? Does the HO 4/HO 3 respond?
Does the campsite meet the definition of an insured location, i.e.
Any part of a premises:
(1) Not owned by an “insured”, and
(2)Where an “insured” is temporarily residing;
Ohio Subscriber
As for liability arising from a fall on personal property on the campsite, the insured should look to his HO policy for coverage. In that scenario the fall has nothing to do with a motor vehicle itself.
As to the second part of your question, if the camper or travel trailer is unhooked when the fall occurs, this would also be covered by the HO policy. Under the definition of motor vehicle under the HO policy, it applies to any trailer which is being carried on, towed by, or hitched for towing by a motor vehicle. So, if the trailer is not hooked to the vehicle, the definition of motor vehicle is not met and the HO exclusion about motor vehicle liability does not apply since this is not a motor vehicle as defined in the policy.
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